Agenda and minutes

To agree the minutes of the meeting of the Panel held on 19 March 2009 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 19 March 2009 be taken as read and signed by the Chairman as a correct record.

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor Mrs J Lea was substituting for Councillor J Wyatt and that Councillor Mrs J Sutcliffe was substituting for Councillor Mrs J H Whitehouse.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council’s Code of Conduct for Members.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That in accordance with Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

            Agenda                       Subject                                         Exempt Information

            Item No                                                                             Paragraph Number

            6                                  Appeal No 2/2009                          1 & 2

            7                                  Progress Report on previous

                                                appeals/applications                     1 & 2

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority not to take out the wet shower room and provide a bath in the appellant’s property.  The appellant attended the meeting to present her case accompanied by her former partner’s uncle.  Mr T Wyatt (Assistant Housing Repairs Manager) attended the meeting to present the case of the Housing Repairs Manager assisted by Mr H Thorpe (Housing Assets Manager).  Mr A Hall (Director of Housing) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.  The Chairman introduced the members of the Panel and officers present to the appellant and outlined the procedure to be followed in order to ensure that proper consideration was given to the appeal.

The Panel had before them the following documents which were taken into consideration:

(a)        copies of documents submitted by the appellant namely, the application to the Housing Appeals and Review Panel dated 10 February 2009 and two photographs showing the appellant’s son in a baby bath;

(b)        a summary of the case including the facts of the case;

(c)        the case of the Housing Repairs Manager;

(d)        copies of documents submitted by the Housing Repairs Manager namely:

            (i)         letter dated 23 February 2006 from a contractor to the Council quoting for proposed bathroom adaptations to the appellant’s property;

            (ii)        the appellant’s tenancy agreement dated 8 April 2008;

            (iii)       letter dated 26 March 2008 from the Assistant Housing Options Manager (Allocations) to the appellant;

            (iv)       notification dated 31 March 2008 from the appellant to the Council expressing an interest in receiving a formal offer of the tenancy of the appellant’s current property;

            (v)        letter dated 7 April 2008 from the Assistant Housing Options Manager (Allocations) to the appellant;

            (vi)       letter dated 15 April 2008 from the local Member of Parliament to the then Head of Housing Services;

            (vii)      letter dated 11 April 2008 from the appellant to the local Member of Parliament;

            (viii)      letter dated 21 April 2008 from the Director of Housing to the local Member of Parliament;

            (ix)       letter received on 14 October 2008 from the appellant to the Council;

            (x)        letter dated 29 October 2008 from the Assistant Repairs Manager to the appellant;

            (xi)       letter received on 20 November 2008 from the appellant to the Council;

            (xii)      letter dated 9 December 2008 from the Housing Assets Manager to the appellant;

            (xiii)      letter dated 14 December 2008 from the appellant to the Assistant Director of Housing;

            (xiv)     letter dated 5 January 2009 from the Assistant Director Housing to the appellant.

The Panel considered the following submissions in support of the appellant’s case:

(a)        the appellant had accepted the tenancy of the property when accommodated by the Council in its homeless hostel;

(b)        the appellant had been unable to view the property before accepting the tenancy and had been advised by Council officers that if she did not accept the tenancy the Council’s duty to  ...  view the full minutes text for item 38.